Burbank Municipal Code Art. 6 Banners Over STREETS5

As used in this article, unless the context otherwise clearly indicates:

ERECT: Means and includes suspend, display, install, construct, place and maintain.

STREET DECORATION: Means and includes banner, streamer, flag, bunting, sign, card, handbill, poster, advertisement, picture, emblem, figure or similar object, regardless of the material of which it is made, which is suspended or otherwise displayed over, along, across or upon any street, except official warning devices, public service facilities, streetlights and the like, or signs, signboards and sign devices regulated by Title 3, Chapter 1, Article 4 of this code. [Formerly numbered Section 26-77; renumbered by Ord. No. 3058, eff. 2/21/87; 2696.]

No person shall erect any street decoration over, along, across or upon any street, without a permit so to do from the Public Works Director; provided, however, that no such permit shall be granted except in conjunction with and pertaining to a public charity or benefit, events of a general public or civic nature, or events sponsored by the Chamber of Commerce of the City in the nature of a community service. [Formerly numbered Section 26-78; renumbered by Ord. No. 3058, eff. 2/21/87.]

Applications for such permit or permits shall contain, in addition to the information required by Section 3-6-202 of this code, a description of each proposed installation in sufficient detail so as to fully apprise the Public Works Director of the nature thereof. [Formerly numbered Section 26-79; renumbered by Ord. No. 3058, eff. 2/21/87.]

Applications shall be accompanied by a permit fee of five dollars ($5.00) for each street decoration proposed to be erected; provided, however, that applications relating to the following events and events similar thereto or within the same classification shall be exempt from the payment of such fee: fundraising by the Community Chest and American Red Cross, Los Angeles County Fair, Burbank on Parade, Christmas season decorations, elections for public office and public ballot issues, national conventions of nonprofit organizations and events sponsored by the City. [Formerly numbered Section 26-80; renumbered by Ord. No. 3058, eff. 2/21/87; 2696.]

No permit granted hereunder shall be issued unless and until the person applying therefor or the person who is to erect the street decoration has filed with the City:

A. Bond Or Deposit: A surety bond or cash deposit conditioned that the City shall be reimbursed for any expense that may be incurred by the City or any of its departments in removing or taking down the street decorations, or in otherwise enforcing the provisions of this article or any rule, regulation or order of the Public Works Director pertaining thereto. Upon the face of each application, the Public Works Director shall indicate the amount of indemnity which, in their opinion, is required for each permit, and the amount of the surety bond or deposit shall not be any less than the amount so indicated. A separate surety bond or cash deposit may be filed in connection with each permit, but, in lieu thereof, the Public Works Director may accept a term bond or continuing cash deposit conditioned to cover all permits issued to any one applicant during a specified period of not to exceed one year; provided, however, that when the total aggregate required indemnity on all permits issued and/or requested by an applicant is greater than the limit of liability on the term bond, or greater than the cash deposit maintained, no additional permits shall be issued to the applicant until sufficient additional indemnity to cover the same is furnished; and

B. Insurance: A policy of public liability insurance in the sum of fifty thousand dollars ($50,000.00) conditioned that applicant will save and keep the City and all its officers, departments and employees harmless from any and all costs, damages or expenses that the City or any of its officers, departments or employees may be obliged to pay by reason of, or that may arise out of, the granting and issuance of such permit, or the erection of street decorations authorized thereby, and said policy shall be so conditioned as to assure the ability of said applicant to respond in damages, in any action for personal injury or property damage sustained by any person, caused by or resulting from, or which may be claimed to have been caused by or to have resulted from, the erection of any such street decoration, or from any failure to comply with the provisions of this article, or the rules, regulations and orders of the Public Works Director, or from any dangerous or defective condition or nuisance created thereby or resulting therefrom.

C. Exemptions: The provisions of this section shall not apply to permits granted to erect signs, cards, posters or pictures relating to forthcoming elections for public office or public ballot issues whether national, state or local. Nothing contained in this subsection, however, shall be interpreted as exempting or otherwise relieving any candidate, political campaign or finance committee or other similarly responsible person or committee from the duty and responsibility for causing the complete removal of any such campaign matter and fastening devices from the public streets after the election day to which such matter relates and as may be provided for in rules and regulations promulgated pursuant to Section 7-3-606 of this article. [Formerly numbered Section 26-81; renumbered by Ord. No. 3058, eff. 2/21/87; 2696.]

The Public Works Director may, with the approval of the City Manager, adopt such rules and regulations, not in conflict with the provisions of this article, as in their judgment may be needed to control the erection of street decorations over, along, across and upon the streets of the City. Such rules and regulations shall be kept on file in the Public Works Department and shall be available for the use and examination of the public. [Formerly numbered Section 26-82; renumbered by Ord. No. 3058, eff. 2/21/87.]

Each permit shall briefly state the maximum size of the street decorations to be erected. [Formerly numbered Section 26-83; renumbered by Ord. No. 3058, eff. 2/21/87.]

Every person actually engaged in erecting a street decoration, or in supervising such work, shall have in their possession while so engaged the permit which authorizes the same. [Formerly numbered Section 26-84; renumbered by Ord. No. 3058, eff. 2/21/87.]

Each permit shall be valid for as long as shall be specified thereon by the Public Works Director and may be renewed by them, in their discretion, without application or additional fees provided a surety bond or cash deposit and a policy of public liability insurance are on file as required by Section 7-3-605 of this article. [Formerly numbered Section 26-85; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. No person shall erect street decorations over, along, across or upon any street in the City unless they are deemed to be qualified to do so by the Public Works Director. Every person desiring to engage in erecting street decorations over, along, across or upon any street in the City shall obtain the written approval of the Public Works Director so to do. This section shall not apply to the Public Service Department or to any of its officers or employees while working in the course of their employment; nor shall this section apply to any persons employed by anyone authorized to erect street decorations as provided herein.

B. Whenever a permit issued under the provisions of this article has expired or has been revoked, it shall be the duty of the person whose bond or deposit and policy of insurance is on file with the City, as required by Section 7-3-605 of this article, to remove all street decorations erected under such permit. Such removal shall be accomplished immediately on the date of the expiration or revocation unless an extension of time is granted in writing by the Public Works Director. If any street decoration be not removed or if not removed to the satisfaction of the Public Works Director or the General Manager of the Public Service Department in the event public service facilities have been used in the erection thereof, the Public Works Director or the General Manager of the Public Service Department may summarily cause the removal of such street decoration and the costs thereof shall be collected by the City from the permittee or surety. [Formerly numbered Section 26-86; renumbered by Ord. No. 3058, eff. 2/21/87.]